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STATE v. FOURNIER

No. 2008-615.

965 A.2d 1091 (2009)

The STATE of New Hampshire v. Raymond K. FOURNIER.

Supreme Court of New Hampshire.

Opinion Issued: January 8, 2009.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Karen A. Schlitzer, assistant attorney general, on the brief and orally), for the State.

Mark A. Larsen, public defender, of Concord, on the brief and orally, for the defendant.

HICKS, J.

This matter comes before us on an interlocutory transfer of a question of law without ruling. See Sup.Ct. R. 9. The Superior Court (Barry, J.) submits for our resolution the following question:

Do the provisions of RSA 135-E: 10 (abrogating the privilege of certain communications) and RSA 135-E:15 (authorizing the release of confidential and privileged material) violate Part I, Article 23 of the New Hampshire Constitution by retrospectively...

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